Ishrat Akber Sheikh And Anr vs Ut Of J&K And Ors on 26 August, 2025

Jammu & Kashmir High Court – Srinagar Bench

Ishrat Akber Sheikh And Anr vs Ut Of J&K And Ors on 26 August, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                               Serial No. 137
                                                                               Suppl. List
                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR

                                                WP(C) No. 2054/2025

                Ishrat Akber Sheikh and Anr.
                                                                      ..... Appellant/petitioner(s)
                                                     Through: -
                                               Mr. S. M. Ali, Advocate



                                                           V/S
                UT of J&K and Ors.
                                                                              ..... Respondent(s)

Through: –

CORAM:

HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
26.08.2025

01. Petitioners claim that they, being major, have contracted marriage,

against the wishes of their relatives, out of their free will and are

living as husband and wife, but are apprehensive to be subjected to

physical violence and harassment by such relatives, therefore seeking

protection and security cover from official respondents.

02. Heard and perused the record annexed with the writ petition.

03. When two adults consensually choose each other as life partners, it is

manifestation of their choice that is recognized under Articles 19 and

21 of the Constitution. Such right has sanction of constitutional law

and once that is recognized, said right needs to be protected and it

cannot succumb to conception of class honour or group thinking.

Consent of family or community or clan is not necessary once two

adult individuals agree to enter into wedlock and their consent has to

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
be piously given primacy. The concept of liberty has to be weighed

and tested on the touchstone of constitutional sensitivity, protection

and values it stands for.

04. Keeping in view the prayer made, the instant writ petition is disposed

of with a direction to official respondents to provide adequate security

cover to petitioners and act in accordance with the law laid down by

the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475,

and Shakti Vahini v. Union of India and others AIR 2018 SC 1601,

subject to the condition that official respondents will check and see as

to whether parties have solemnized marriage in accordance with

prevalent laws, and if there is an FIR against any of the petitioner(s),

the police may go ahead with the investigation under rules.

05. Disposed of along with connected CM.

(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
26.08.2025
“Mohammad Yasin Dar”

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document